MSF Sugar Pty Ltd

[2019] FWCA 5515

[2019] FWCA 5515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MSF Sugar Pty Ltd
(AG2019/2069)

THE MULGRAVE CENTRAL MILL CO. LTD ENTERPRISE AGREEMENT NUMBER 11

Sugar industry
COMMISSIONER SIMPSON	BRISBANE, 30 SEPTEMBER 2019

Application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 11.

[1] An application has been made for approval of an enterprise agreement known as The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 11 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSF Sugar Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, Queensland State Secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the AMWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Mr Stephen Kenneth Baker, Queensland Branch Secretary of the Australian Workers’ Union (AWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the AWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. The CEPU advised by email on 17 June 2019 that it would not be signing the Agreement.

[6] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU, AWU, and CEPU.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504791  PR711137>

Appendix A.